United States v. Apolinar Gutierrez-Hernandez

MEMORANDUM

1. In No. 15-50164, Apolinar Gutierrez-Hernandez challenges his conviction for attempted reentry of a removed alien. Neither of the arguments he raises provides a basis for reversal.

First, none of the prosecutor’s statements during closing argument constituted error, much less plain error. The prosecutor did not ask the jury to consider the verdict’s social ramifications or urge the jury to convict Gutierrez-Hernandez for reasons “wholly irrelevant” to his guilt or innocence, such as “to protect community values, preserve civil order, or deter future lawbreaking.” United States v. Sanchez, 659 F.3d 1252, 1256 (9th Cir. 2011) (citation omitted). Nor did the prosecutor’s statements dilute the government’s burden of proof or attempt to shift the burden of proof to the defendant. See United States v. Segna, 555 F.2d 226, 280 (9th Cir. 1977). Finally, contrary to Gutierrez-Hernandez’s contention, the prosecutor did not vouch for the strength of the government’s case. The prosecutor never assured the jurors about the strength of the government’s evidence or suggested to them that other information not presented at trial supported the government’s position. See United…